Supreme Court allows change in BCCI constitution, Sourav Ganguly, Jay Shah to continue in office

Tribune News Service

New Delhi, September 14

The Board for Control of Cricket in India (BCCI) president Sourav Ganguly and secretary Jay Shah can continue in office as the Supreme Court on Wednesday allowed the board to modify its constitution to do away with the mandatory cooling-off period.

An office-bearer can have continuous tenure of 12 years, including six years in state associations and six years in the BCCI, before the cooling-off period of three years kicks off, a Bench led by Justice DY Chandrachud said.

While Ganguly was an office-bearer in the Cricket Association of Bengal, Shah had served in the Gujarat Cricket Association.

Now, an office-bearer can serve on a particular post for two consecutive terms, both at the BCCI and the state association level, after which he would have to serve a three-year cooling-off period, clarified the Bench which also included Justice Hima Kohli.

“The purpose of the cooling-off period is to not create undesirable monopolies,” the Bench noted.

The order came on the BCCI’s plea seeking the top court’s permission to amend its constitution with regard to the tenure of its office-bearers, including its president Sourav Ganguly and secretary Jay Shah, by doing away with the mandatory cooling-off period between tenures of office-bearers across state cricket associations and the BCCI.

The BCCI had sought to amend its constitution to do away with the cooling-off period for office-bearers such as the secretary and president. The amendment will enable current BCCI president Saurav Ganguly and secretary Jay Shah to continue in office despite completing six years in their respective state associations.

Earlier, a committee led by former CJI RM Lodha had recommended reforms in the BCCI which were accepted by the top court.

According to Lodha Committee recommendations, there should be a three-year cooling-off period for the office-bearers of the BCCI after a tenure of six years once a post comes to an end at the state cricket association or at the BCCI level.

Approved by the top court, the BCCI constitution stipulated a mandatory three-year cooling-off period for anyone who had served two consecutive terms of three years each in state cricket association or in BCCI.

The BCCI sought permission to amend its constitution two years ago but it could not be listed due to Covid pandemic. It pointed out that the earlier order of the court said amendment to the BCCI constitution could only be done with its prior permission.

Continuous tenure of 12 years now

Now, an office-bearer can have continuous tenure of 12 years, including six years in state associations and six years in the Board for Control of Cricket in India, before the cooling-off period of three years kicks off.

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